GIROA EXTRADITES AFGHAN-AMERICAN CORRUPTION

UNCLAS SECTION 01 OF 02 KABUL 001383 SIPDIS SENSITIVE STATE FOR S/SRAP HOLBROOKE, SCA/FO, SCA/A STATE PASS FBI, DOJ, USAID E.O. 12958: N/A TAGS: PGOV KJUS KDEM AF SUBJECT: GIROA EXTRADITES AFGHAN-AMERICAN CORRUPTION SUSPECTS TO U.S. REF: STATE 55550 KABUL 00001383 001.2 OF 002 ¶1. (SBU) Summary: Following intensive collaboration from May 29 to June 1 within and between the country team and Government of Afghanistan (GIRoA) leaders, GIRoA extradited two Afghan-Americans suspected of attempting to bribe a U.S. military contracting officer. Depending on weather conditions affecting aviation alternatives, the suspects will depart Bagram, Afghanistan June 1 to arrive at Washington Dulles Airport via Kuwait on either June 2 or 3. End Summary. ¶2. (U) Following expulsion orders by an Afghan prosecutor and Afghan National Police elements, U.S. Department of Justice officers took into custody Rohulla Farooqi Lodin and Hasmatullah Farooqi May 31 on suspicion of offering bribes for Commander's Emergency Response Program (CERP) projects in Logar province. The Afghan officials were present during this action at Forward Operating Base Shank in Logar. Both Lodin and Farooqi are dual U.S.-Afghan nationals. Farooqi is the brother of Transport Minister Farooqi and Lodin is a relative of Logar Governor Lodin. The action occurred following Ambassador's delivery of Diplomatic Note No. 09-1505 (reftel) which formally notified Foreign Minister Spanta of the impending action, and requested expulsion of the suspects. ¶3. (U) Ambassador had requested President Karzai's urgent and full cooperation on May 30, one day in advance of the planned arrests. Karzai immediately agreed, and directed his ministers to support the U.S. law enforcement action. Following the May 31 arrest, Deputy Ambassador Ricciardone, USDOJ senior legal advisors, and SIGAR Director met with Foreign Minister Spanta, Interior Minister Atmar, Attorney General Aoloko, and Action Supreme Court Chief Justice Baha to work out details of a possible extradition of the suspects under Afghan and international law. Minister Spanta expressed his and President Karzai's unwavering political support to find a mutually acceptable legal means for extradition, and to stregthen the rule of law in Afghanistan. Spanta said he had consulted three laws, including Article 28 of the Afghan Constitution, the Afghan Criminal Procedure and Code, and Article 31 of the Afghan Citizenship Law. Article 28 of the Constitution states the "No citizen of Afghanistan accused of a crime shall be extradited to a foreign state without reciprocal arrangements as well as international treaties to which Afghanistan has joined." The U.S. joined the United Nations Convention Against Corruption October 30, 2006 and Afghanistan became a member August 25, ¶2008. The Afghan officials agreed that the cited Afghan laws and the UN Convention Against Corrution constitute a clear legal basis for extradition of these two suspects. ¶4. (U) Spanta and his colleagues then developed and laid out the specific steps of the remaining process to complete extradition under Afghan law. Minister Atmar urged the Supreme Court Justice to act quickly on the extradition. Baha, Attorney General Aoloko and Spanta promised to complete all of the following steps within 24 hours -- and did so. - The U.S. Embassy agreed to deliver a second diplomatic note (No. 09-1531, full text in paragraph 7) to the MFA within the hour, with Dari translation to follow by evening. The new note references the arrests that had already taken place and spells out the legal basis for extradition. At the Attorney General's request, the note also specifically mentions the presence fo the Afghan prosecutor at the scene of the arrest. - The MFA would then transmit the note to the Attorney General under cover of a letter laying out the international legal basis for extradition and asking the Attorney General to take the appropriate measures. - Meanwhile, the Attorney General said two Afghan prosecutors would have to interview the suspects. He agreed to send the prosecutors immediately to Bagram airfield for this purpose. The U.S. Embassy arranged helicopter transport for the prosecutors, who conducted these interviews late the same afternoon of May 31. - Finally, the Attorney General agreed to ask the Supreme Court's Judicial High Counsel for a final decision on extradition. ¶5. (U) We received verbal confirmation of Supreme Court authority from Ministers Spanta and Atmar early afternoon on KABUL 00001383 002.2 OF 002 June 1. Depending on weather conditions, the suspects will be extradited via U.S. military air to Kuwait at approximately 21:00 local time. Arragements are being made for a departure to Kuwait on the first available non-stop commercial flight to Washington Dulles Airport, likely on June 2 for a June 3 arrival at IAD. We will report the specific flight and arrival information when available. ¶6. (U) The identification of a legal basis for extradition through Article 28 of the Afghan Constitution and the UN Convention Against Corruption forms a breakthrough precedent, MOI Atmar agreed that we should submit a similar diplomatic note asking the MFA to look into application of Article 28 and the United Nations Convention on Illicit Traffic of Narcotic Drugs and Psychotropic Substances in order to extradite Haji Bagchoo, the suspected narcotics trafficker now in Afghan custoday at the CNJAC detention center pending the filing of Afghan charges. The presence of the Afghan prosecutor and police at the arrest of two suspects, one of them the brother of a minister, also should send a strong signal that GIRoA is prepared to collaborate with the U.S. against corruption. End Comment. ¶7. (U) Text of Diplomatic Note No. 09-1531: The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan, and has the honor to request the exradition of Rohullah Farooqi Lodin and Hasmatullah Farooqi to the United States. Pursuant to the Constitution of Afghanistan, Article 28, and the United Nations Convention Against Corruption, Article 44, Section 5, the Government of the United States of America has requested the Government of the Islamic Republic of Afghanistan to extradite Rohulla Farooqi Lodin and Hasmatullah Farooqi to the United States of America. The Government of the Islamic Republic of Afghanistan became a signatory to the United Nations Convention Against Corruption on August 25, 2008. The United States of America became a signatory to that Convention on October 30, 2006. The facts concerning the investigation against Lodin and Farooqi are set forth in detail in Diplomatic Note No. 09-1505, delivered by the United States Ambassador to the Minister of Foreign Affairs of the Islamic Republic of Afghanistan on May 31, 2009. Following delivery of Diplomatic Note No. 09-1505, on May 31, 2009, Lodin and Farooqi, both citizens of the United States of America, were arrested and placed custody when they arrived at FOB Shank, in Logar Province, Afghanistan, and attempted to deliver a bribe to an American public official. In accordance with Afghan law, the Afghan National Police, under the authority of the Afghan Minister of the Interior, and an Investigative Prosecutor, under authority of the Afghan Attorney General, were present at the scene of the arrest. Lodin and Farooqi are the subjects of Criminal Complaint number 1:09MJ378, filed on May 29, 2009, in the U.S. District Court for the Eastern District of Virginia, charging them with corruptly offering a bribe to a public official wiht intent to influence the award of a government contract, in violation of 18 USC Section 201(b)(1). Also on May 29, 2009, U.S. Magistrate Judge Thomas Rawles Jones, Jr, issued a warrant for the defendants' arrest based on the offense set forth in the charging document. Though the Criminal Complaint and Warrant are currently under seal, the court has authorized their disclosure to appropriate Afghan authorities to effect the defendants' return to the United States. The United States of American gratefully acknowledges the cooperation and assistance of the Government of the Islamic Republic of Afghanistan in carrying out the arrest of Lodin and Farooqi. The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan the assurances of its highest consideration. Embassy of the United States of America, Kabul, May 31, 2009. EIKENBERRY